University Publications

Permanent URI for this communityhttps://ir.nbu.ac.in/handle/123456789/2863

Browse

Filters

2019 - 201912020 - 20231

Advanced Search

Filter by

Settings

Has files: YesSubject: search.filters.subject.Personal Law

Search Results

Now showing 1 - 2 of 2
  • Thumbnail Image
    ItemOpen Access
    Judicial Opinion on Whether Personal Law is a “Law” under Article 13 of the Constitution of India
    (University of North Bengal, 2023-09) Kejriwal, Shruti
    India is a land of religious pluralism. Every religion has its own set of customs and rituals. Personal law may apply to either a group or an individual. It is applied based on the faith or the religion, which an individual chooses to practice and profess. In India, there have been migrations and invasions by varied foreign rulers, which have led to multiple set of personal laws. Some practices of these religions are discriminatory on the ground of gender. Contemporary India witnesses the upsurge of feminist legal responses on the concerns of gender inequality in religious laws. Beginning from the Constituent Assembly Debates to the formation of the Constitution of India and then the unclear varying judicial pronouncements in relation to the personal laws by the Indian judiciary have made the topic of personal laws dynamic. In this context, it is imperative to understand the concept of personal laws as it prevails today. This article looks into the location of personal laws within the structure of Article 13 of the Constitution of India.
  • Thumbnail Image
    ItemOpen Access
    Conceptualising the Rights of Muslim Women in Context of Islamic Personal Law
    (University of North Bengal, 2019-09) Gagneja, Shaveta
    Despite the constitutional commitment for the gender-just laws and equal safeguards for minorities still Muslim women face considerable challenges as a member of largest minority and, are among the poorest, economically vulnerable, educationally and politically marginalized group in the country. Personal law, based on religious laws as modified by state legislation and judicial precedent, governs family relations including marriage, divorce, inheritance and maintenance and applies to individuals on the basis of their religious identity have become the benchmarks of a gender-just existence. According to Sacher Committee report media has extensively highlighted on select cases of Muslim women passionately in identifying the Muslim religion as the sole locus of gender injustice in the Community. In this paper author shall attempt to provide an exposition of statutory and judicial framework of India’s religion-state relations and further illustrate the rights of Muslim women laid down under Holy Qur’an for the protection of Muslim Women. It also briefly look in to the legislative enactments of The Muslim Women (Protection of Rights on Marriage) Act, 2019 over the triple talaq.